When the dominant party in a fiduciary relationship benefits from that relationship, a presumption of undue influence arises.

Question

When the dominant party in a fiduciary relationship benefits from that relationship, a presumption of undue influence arises.​

Quizplus · Accepted Answer

This is true. Undue influence occurs when a dominant party has abused their position of power or authority to influence the decision-making of a vulnerable party in a way that benefits the dominant party. In a fiduciary relationship, the dominant party (such as a trustee or executor) has a duty to act in the best interests of the vulnerable party (such as a beneficiary or client). When the dominant party benefits from that relationship, there is a presumption that they have abused their power and influenced the decision-making of the vulnerable party.

When the Dominant Party in a Fiduciary Relationship Benefits from That